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Reso 99-148
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Reso 99-148
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Last modified
7/1/2010 9:40:36 AM
Creation date
1/25/2006 1:56:24 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
99-148
Date (mm/dd/yyyy)
07/15/1999
Description
Concept: Spillis, Candela & Partners, Arch. Firm for Gov’t Ctr., $752,936.
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<br />, <br />,/ <br /> <br />ARTICLE 11 <br /> <br />TERMINATION OF AGREEMENT <br /> <br />11.1 <br /> <br />Termination For Cause Or Mutual Agreement <br /> <br />This Agreement may be terminated by either pa~ty upon sev~n (7) days' notice by <br />mutual agreement, or should one party fa~l substant~ally to perform in <br />accordance with its terms through no fault of the other. Also, this Agreement <br />may be unilaterally terminated by the Owner for refusal by the Architect_ <br />Engineer to allow public access to all documents, papers, letters or other <br />material subject to the provisions of Chapter 119, Florida Statutes, and made <br />or received by the Architect-Engineer or his consultants in conjunction with <br />this Agreement. In the event of termination, due to the fault of others than <br />the Architect-Engineer, the Architect-Engineer shall be paid f.or services <br />performed to termination date, including reimbursements then due plus proven <br />terminal expense. <br /> <br />11.2 <br /> <br />Termination For Convenience <br /> <br />The performance of work under this contract may be terminated by <br />the OWner in accordance with this clause in whole, or from time to <br />time in part, whenever the Owner shall. determine that such <br />termination is in the best interest of the Owner. Upon <br />termination, the Architect-Engineer shall be entitled to payment <br />and profit for work completed to the time of termination, only. <br />The percentage of completion shall be determined by the Owner based <br />upon the approved Schedule. <br /> <br />ARTICLE 12 <br /> <br />REUSE OF DOCUMENTS <br /> <br />The Documents prepared pursuant to this Agreement shall not be used on other <br />projects except by agreement in writing. The Owner may, at his own expense, <br />obtain a set of reproducible record prints of drawings and other documents, or <br />if required by the Owner, the Architect-Engineer shall deliver to the Owner the <br />original tracings, but in such event the Owner at his own' expense shall furnish <br />the Architect-Engineer with a set of reproducible record prints thereof. <br /> <br />ARTICLE 13 <br /> <br />SUCCESSORS AND ASSIGNS <br /> <br />The Owner and the Architect-Engineer each binds himself, his partners, <br />successors, assigns and legal representatives to the other party to this <br />Agreement and to the partners, successors, assigns and legal representatives of <br />such other party in respect of all covenants of this Agreement, Neither the <br />Owner nor the Architect-Engineer shall assign, sublet or transfer his interest <br />in this Agreement without the written consent of the other. <br /> <br />ARTICLE 14 <br /> <br />CLAIMS AND DISPUTES <br /> <br />..I <br />The provisions of Chapter 60-4, Florida Administrative Code are referred to and <br />adopted by reference as though set forth herein. <br /> <br />Under the terms of this contract the Architect-Engineer shall not have any <br />right to compensation other than, or in addition to, that provided by this <br />contract to satisfy any claim of any kind whatsoever unless the claim therefor <br />is delivered to the Owner within ninety (90) days from the date on which the <br />act or event constituting the basis of such claim occurs. Failure to present <br /> <br />13 <br /> <br />... <br />
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